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You represent the railroad. A few customers, while waiting on a train, are injured when railroad employees attempt to help a passenger on the train

You represent the railroad. A few customers, while waiting on a train, are injured when railroad employees attempt to help a passenger on the train and the passenger drops an innocent looking box. Unfortunately, the box holds containers of a bad smelling chemical used in research that makes the customers nauseous. Your supervisor suggests using the Palsgraf defense. If you use that defense, which of the following would you contend?

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That the railroad is not liable for acts of its employees.

That it was not foreseeable that injury to the customers would occur through employees assisting the other passenger.

That the injured customers were comparatively negligent and should have been taking better care for their own safety.

That the railroad had no duty of care toward that injured customers.

That he injured customers assumed the risk of injury by using this type of transportation.

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